Case Digest (G.R. No. L-12410)
Facts:
- Leoncio Pactor passed away, leaving a widow, Clemencia R. Pactor, and an illegitimate child, Miguel G. Pactor.
- Miguel filed a petition for letters of administration for his father's estate.
- Attorney Alfredo Marigomen opposed the petition, representing the widow and the deceased's nieces and nephews, advocating for Pantaleon Pepito as the administrator.
- The court appointed Lucrecia P. Pestano, a niece of the deceased, as the special administratrix.
- Lucrecia filed a motion to exclude Miguel from the proceedings, claiming he was not acknowledged as an illegitimate child.
- The court denied Lucrecia's motion, stating no regular administrator had been appointed.
- Pantaleon Pepito was appointed as the regular administrator on March 3, 1956.
- On December 26, 1956, a hearing was requested to exclude Miguel, despite the widow affirming his status as Leoncio's child.
- The court ruled on December 29, 1956, to exclude Miguel, citing lack of evidence for his recognition.
- Miguel filed a motion for reconsideration, which was denied, leading him to appeal to a higher court.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled in favor of Miguel G. Pactor, setting aside the lower court's order that excluded him from the proceedings.
- The case was remanded for further proceedings to in...(Unlock)
Ratio:
- The Supreme Court emphasized that excluding Miguel from the proceedings was premature and incorrect, denying him the right to present evidence.
- The trial court mistakenly believed that recognition of an illegitimate child could only occur through a will or court order.
- The Court clarified that an illegitimate child's status could also be established through continuous possession of that status, supported by the de...continue reading
Case Digest (G.R. No. L-12410)
Facts:
The case involves the intestate estate of Leoncio Pactor, who passed away, leaving behind a widow, Clemencia R. Pactor, and an illegitimate child, Miguel G. Pactor, who is the petitioner and appellant in this case. The proceedings began when Miguel G. Pactor filed a petition for the issuance of letters of administration in his favor for the settlement of his deceased father's estate. The petition was opposed by Attorney Alfredo Marigomen, who represented the widow and the deceased's nieces and nephews, advocating for the appointment of Pantaleon Pepito as the estate's administrator. The court appointed Lucrecia P. Pestano, a niece of the deceased, as the special administratrix. Subsequently, Lucrecia filed a motion on February 1, 1955, to exclude Miguel Pactor from the proceedings, arguing that he was not acknowledged and could not compel recognition as an illegitimate child. The court denied this motion, stating that no regular administrator had been appointed yet. On March 3, 1956, Pantaleon Pepito was appointed as the regular administrator. Following this, on December 26, 1956, Lucrecia's attorney requested a hearing to exclude Miguel Pactor. The widow submitted a manifestation asserting that Miguel was indeed the illegitimate child of Leoncio Pactor, having been recognized and supported by him during his lifetime. Despi...